Congress Does Not Come Back With a Warrant
Plus: A listener asks the editors for examples of tasks the government does well (yikes).
Fourth Amendment
Donald Trump's Cowardice Over Warrantless Spying
"I told everybody, 'Do what you want,'" Trump said on Friday night, as he let the deep state win again.
Come Back With a Warrant
Plus: A fight over Section 702 spying reforms, Iran threatens Israel and the U.S., Trump's proposed tariff is even worse than we thought, and more...
California Cops Tased a Man Having a Seizure, Then Booked Him on Bogus Charges To Cover Their Mistake
Bruce Frankel was tased by a police officer in 2022 after his fiancee called 911 seeking medical help. Now he's suing.
Judge Quashes Felony Murder Charges Against Former Houston Cop Whose Lies Led to a Deadly 2019 Drug Raid
Gerald Goines' lawyers argued that the indictment did not adequately specify the underlying felony of tampering with a government document.
Stop Your Car From Spying on You
Modern cars are smartphones on wheels, but with less protection for your data.
Study Estimates Nearly 96% of Private Property Is Open to Warrantless Searches
The Institute for Justice says its data show that a century-old Supreme Court doctrine created a huge exception to the Fourth Amendment.
Louisiana Law Lets Wildlife Agents Trespass on Private Property
A lawsuit from the Institute for Justice claims the law violates the Louisiana Constitution.
Don't Let Crime Fears Undermine Americans' Rights
Amid fear of rising crime, let's take a careful and deliberate approach—lest innocent people lose their rights and property.
NYC Child Protection Agency Uses 'Coercive Tactics' To Bully Parents Into Allowing Warrantless Searches
According to a new lawsuit, NYC's child protection agency almost never obtained warrants when it searched over 50,000 family homes during abuse and neglect investigations.
A Florida Cop Gets Into a Shootout With an Acorn, Emptying His Gun Into His Own Patrol Car
Deputy Jesse Hernandez, whose bullets miraculously missed the handcuffed suspect in the car, resigned during an investigation that found he "violated policy."
Qualified Immunity Is Not Limited to Police Brutality. It Protects a Wide Variety of Abusive Officials.
An analysis of appeals involving the doctrine finds that less than a quarter "fit the popular conception of police accused of excessive force."
Buffalo Cops Denied Qualified Immunity for Arresting Man Who Called Officer an 'Asshole'
R. Anthony Rupp III was cited and detained after he called a police officer an "asshole" after the cop nearly drove into two pedestrians.
An Alabama Couple's Lives Were Upended by an Unconstitutional Police Raid. A Jury Awarded Them $1 Million.
Greg and Teresa Almond lost their house and livelihood over a misdemeanor drug crime. Sheriff's deputies never got a warrant to search their house.
Cops Arrested Him for a Fictitious Traffic Violation Because He Flipped Them Off
A federal judge allowed a lawsuit against the officers to proceed, finding evidence of several constitutional violations.
Texas Cops Held a Terrified Couple at Gunpoint After Raiding the Wrong House
Tyler Harrington has filed a lawsuit after four police officers burst into his home in the middle of the night.
He Was Arrested for Making a Joke on Facebook. A Jury Just Awarded Him $205,000 in Damages.
The verdict vindicates the constitutional rights that Louisiana sheriff's deputies flagrantly violated when they hauled Waylon Bailey off to jail.
The 5th Circuit Says Criminalizing Journalism Is Not Obviously Unconstitutional
The appeals court dismissed a civil rights lawsuit by a Laredo gadfly who was arrested for asking questions.
5 Years After a Deadly Drug Raid, Houston's Former Police Chief Might Finally Be Held Accountable
Since leaving Houston, Art Acevedo has bounced from job to job, continuing a spotty career marred by scandal.
Appeals Court: FBI's Safe-Deposit Box Seizures Violated Fourth Amendment
Cases like this are exactly why the Fourth Amendment was adopted in the first place, wrote federal Judge Milan D. Smith Jr.
Miami Police Used Clearview AI Facial Recognition in Arrest of Homeless Man
Facial recognition technology is increasingly being deployed by police officers across the country, but the scope of its use has been hard to pin down.
A Police Group's Comments on Civil Asset Forfeiture Show Exactly Why It Needs Reform
"You've got to be able to demonstrate some level of legitimacy" the head of the National Sheriffs' Association says of carrying large amounts of cash.
Who Killed Elijah McClain? Mixed Verdicts Reflect a Cascade of Ultimately Fatal Mistakes.
Juries convicted two paramedics and one police officer of criminally negligent homicide but acquitted two other cops.
Trump's Promise to 'Indemnify' Cops 'Against Any and All Liability' Is Absurd for 2 Reasons
Police officers already are routinely indemnified, and suing them for abuse is much harder than Trump claims.
Congress Renews Warrantless Digital Spying Program as Part of $886 Billion Spending Bill
Section 702 will continue until April, when Congress will have another shot at seriously reforming a program that desperately needs it.
Taxpayer-Subsidized Seminars Train Cops To Violate the Constitution
A report from New Jersey's comptroller criticizes Street Cop Training for encouraging illegal traffic stops.
FBI Seized $86 Million From People Not Suspected of Any Crime. A Federal Court Will Decide if That's Legal.
On Thursday, a federal appeals court will hear about the FBI's "blatant scheme to circumvent" the Fourth Amendment.
Alabama Police Officer on Leave After Viral Video Shows Her Tasing Handcuffed, Compliant Man
The Alabama State Bureau of Investigation is now looking into the incident as well.
Wyoming Cop Assaulted a Disabled 8-Year-Old, Then Deleted the Body Camera Footage, Lawsuit Claims
A new lawsuit alleges that Deputy Benjamin Jacquot, a school resource officer, slammed an 8-year-old's face into a conference room floor, causing bruises and lacerations.
Mississippi Sheriff Insists He Was Oblivious to His Drug Warriors' Long Pattern of Brutality
Years before a federal case shined a light on the problem, Rankin County Sheriff Bryan Bailey should have known something was amiss.
Maryland Roommates File Lawsuit After Police Shot Their Dog During Alleged Illegal Home Search
Officers barged into their house without a warrant, shot their dog, and mocked them, a federal civil rights lawsuit says.
Cops Stormed Into a Terrified Seattle Woman's Home. It Was the Wrong Address.
Elisabeth Rehn was about to take a bath when police officers kicked down her door, flooded into her apartment, and pointed their guns at her.
New Jersey Secretly Stores Your Newborn's Blood for Decades
According to a new lawsuit, New Jersey has handed over leftover blood from newborn genetic testing to law enforcement and sold it to third parties.
Lawmakers Try To Insert Privacy Protections Into the Feds' Snooping Powers
The bipartisan Government Surveillance Reform Act would stop a lot of warrantless surveillance as a condition for renewal of Section 702 authorities.
Illinois Family Files Lawsuit After Police Execute Wrong-Door Raid and Allegedly Detain Them for 6 Hours
"I asked them to show me a warrant; they didn't show me nothing," a grandmother said.
Louisiana Mother of Autistic Child Hit by Teacher Files Supreme Court Petition
School officials in three states are effectively immune from lawsuits over excessive corporal punishment. A Louisiana mother is asking the Supreme Court to step in.
Should Governments Need a Warrant To Spy on You With a Drone?
The Michigan Supreme Court will hear opening arguments today in a case that could decide whether the practice is allowed.
Minnesota's Top Court Rebukes Cops Who Searched a Car After Claiming To Smell Pot That Wasn't There
In light of the state's marijuana reforms, the court says, the odor of weed is not enough to establish probable cause.
Sex Crime Victim Denied $69,000 Settlement Because Cops Seized Her Abuser's Cash Through Civil Forfeiture
The outrageous case has led to calls from Congress to pass legislation curbing civil asset forfeiture.
Weed Is Legal in Illinois. Police Searched His Car Anyway.
An officer conducted the search of Prentiss Jackson's vehicle after claiming he could smell "a little bit of weed." It ultimately resulted in a lengthy prison term.
Alabama Cops Who Arrested Mechanic for Not Giving Them His ID Denied Qualified Immunity
"The police are free to ask questions, and the public is free to ignore them," wrote a federal judge.
On Guns, Drugs, and National Security, Dianne Feinstein Was Consistently Authoritarian
The late California senator always seemed to err on the side of more government power and less individual freedom.
Tony Timpa Wrongful Death Trial Ends With 2 Out of 3 Cops Getting Qualified Immunity
The trial—and, in some sense, Timpa's life—was about transparency.
How Hippies Saved the Fourth Amendment
The Nixon administration did everything it could to curb antiwar activism. Then the courts said it had gone too far.
Arbitrary Rental Inspections Violate Search and Seizure Protections, Says Iowa Court
Warrantless home invasions are intrusive and dangerous for those on the receiving end.
A Ruling Against a Man Arrested for a COVID-19 Joke Highlights the Influence of a Pernicious Analogy
A federal judge compared Waylon Bailey’s Facebook jest to "falsely shouting fire in a theatre."
